New Section 1. (a) In addition to any other penalty provided by
law, any person who violates any provision of chapter 83 of the
Kansas Statutes Annotated, and amendments thereto, or any rules and
regulations adopted thereunder, may incur a civil penalty imposed
under subsection (b) in the amount, fixed by rules and regulations
of the secretary of ag- riculture, of not less than $100 nor more
than $5,000 for each such vio- lation and, in the case of a
continuing violation, every day such violation continues shall be
deemed a separate violation.

(b) In determining the amount of the civil penalty, the
following shall be taken into consideration: (1) The extent of harm
caused by the viola- tion; (2) the nature and persistence of the
violation; (3) the length of time over which the violation occurs;
(4) any corrective actions taken; and (5) any and all relevant
circumstances.

(c) All civil penalties assessed shall be due and payable within
10 days after written notice of assessment is served on the person,
unless a longer period of time is granted by the secretary. If a
civil penalty is not paid within the applicable time period, the
secretary may file a certified copy of the notice of assessment
with the clerk of the district court in the county where the
weighing and measuring device or dispensing device is located. The
notice of assessment shall be enforced in the same manner as a
judgment of the district court.

(d) No civil penalty shall be imposed pursuant to this section
except upon the written order of the duly authorized agent of the
secretary to the person who committed the violation or to the
person whose agent or employee committed the violation. Such order
shall state the violation, the penalty to be imposed and the right
of the person to appeal to the secretary. Any such person, within
20 days after notification, may make written request to the
secretary for a hearing in accordance with the provisions of the
Kansas administrative procedure act. The secretary shall affirm,
reverse or modify the order and shall specify the reasons
therefor.

(e) Any person aggrieved by an order of the secretary made under
this section may appeal such order to the district court in the
manner provided by the act for judicial review and civil
enforcement of agency actions.

(f) An appeal to the district court or to an appellate court
shall not stay the payment of the civil penalty.

(g) Any civil penalty recovered pursuant to the provisions of
this sec- tion or recovered under the consumer protection act for
violations of any provision of K.S.A. 83-219, and amendments
thereto, shall be remitted to the state treasurer, deposited in the
state treasury and credited to the weights and measures fee
fund.

Sec. 2. K.S.A. 34-2,108 is hereby amended to read as follows:
34- 2,108. (a) The director of the Kansas state grain inspection
department is authorized and empowered to enter into contracts and
agreements necessary to cooperate with the United States department
of agriculture, the federal grain inspection service and with other
appropriate federal agencies, to make uniform the procedures
followed in the official sam- pling, inspecting, grading, weighing
and analyzing of protein content and the certification of grades,
weights and protein content of all grains or commodities and to
make available to the United States department of agriculture, the
federal grain inspection service, or other federal agencies, the
information acquired under the procedures followed by state grain
inspection employees.

(b) The director of the Kansas state grain inspection
department is authorized and empowered to enter into contracts and
agreements nec- essary to cooperate with the Kansas department of
agriculture in imple- menting all applicable Kansas laws pertaining
to the actual inspection of scales and other weighing and measuring
devices.

(b)(c) In addition to the fees
collected under K.S.A. 34-103a and amendments thereto, the director
shall undertake, by contract, to act as agent for the United States
department of agriculture or other federal agencies and to collect
the supervision fee established under the provi- sions of
subsection (j) of 7 U.S.C.A. 79, from persons requesting services
of the Kansas state grain inspection department, except that fees
charged for edible bean inspections under K.S.A. 34-103a and
amendments thereto include the required supervision fee. The
supervision fee shall be remitted under the terms of the contract
with the United States depart- ment of agriculture or its
appropriate designee.

Sec. 3. K.S.A. 1995 Supp. 74-569 is hereby amended to read as
fol- lows: 74-569. (a) The secretary of agriculture may organize
the depart- ment of agriculture in the manner the secretary deems
most efficient, so long as the same is not in conflict with the
provisions of this act or with the provisions of law, and the
secretary may establish policies governing the transaction of
business of the department and the administration of each of the
divisions within the department. Except as provided in K.S.A.
83-205, and amendments thereto, the chief administrative
officer of each division of the department shall be within the
classified service under the Kansas civil service act and shall
perform such duties and exercise such powers as the secretary of
agriculture may prescribe and such duties and powers as are
prescribed by law. Such chief administrative officers shall act for
and exercise the powers of the secretary of agriculture to the
extent authority to do so is delegated by the secretary of
agriculture.

(b) Except as otherwise provided in this act, and subject to the
Kansas civil service act, the chief administrative officer of each
division of the department of agriculture shall appoint all
subordinate officers and em- ployees of such officer's division,
subject to the approval of the secretary, and all such subordinate
officers and employees shall be within the clas- sified service of
the Kansas civil service act. Personnel of each such di- vision
shall perform such duties and exercise such powers as the chief
administrative officer of their division to the extent authority to
do so is delegated by such administrative officer.

Sec. 4. K.S.A. 83-143 is hereby amended to read as follows:
83-143. It shall be unlawful to sell at retail or offer for sale at
retail any liquefied petroleum gas except by avoirdupois weight,
specified in pounds or kil- ograms; liquid measure,
specified in gallons or liters; or vapor, specified in cubic
feet, cubic meters or such other units as may be approved by
the state sealer of weights and measuressecretary of agriculture.

Sec. 5. K.S.A. 83-144 is hereby amended to read as follows:
83-144. When liquefied petroleum gas is sold at retail or offered
for sale at retail by weight, in packages or containers, the tare
weight of the container, and the net weight of the contents shall
be plainly and conspicuously marked on the outside of the container
or on a label firmly attached thereto. Tare weight shall not be
construed to include the valve protecting cap, which shall be
removed when weighing. It shall be a violation of this act
to sell or offer or expose for sale liquefied petroleum gas in
packages or containers which do not bear a statement as to tare and
net weight as required by this section, or which packages or
containers bear a false statement as to weights.

Sec. 6. K.S.A. 83-145 is hereby amended to read as follows:
83-145. The state sealer of weights and measuressecretary of agriculture, or the secretary's authorized
representative, is authorized to test all weighing and
measuring devices used in the retail sale of liquefied petroleum
gas, and shall condemnreject all such
devices which are found (a) to be in- accurate and (b) to not
clearly indicate the quantity of liquefied petroleum gas in
kilograms or pounds, liters or gallons,
or cubic feet or cubic meters or other unit
approved by the state sealer of weights and
measuressec- retary of agriculture, or the secretary's
authorized representative. It shall be unlawful to use a
weighing or measuring device for determining quan- tities of
liquefied petroleum gas which has been condemnedrejected by the state sealer of weights and
measuressecretary of agriculture, or the secretary's
authorized representative. The state sealer of weights
and measuressecretary of agriculture, or the
secretary's authorized represen- tative, shall conspicuously
mark all condemnedrejected devices, which
mark shall not be removed or defaced except upon authorization of
the said state sealer of weights and measures or his or
hersecretary of agri- culture or the secretary's
authorized representatives. It shall be unlawful to use a vapor
meter dial which is not equipped with a cubic foot indicator for
testing the accuracy of the meter.

It shall be unlawful to use a liquid meter for measuring the
volume, in gallons, of liquefied petroleum gas for retail sale from
delivery vehicles unless such meter is equipped with a ticket
printer for use in issuance of printed tickets showing the volume,
in gallons, of the liquefied petroleum gas delivered.

Sec. 7. K.S.A. 83-146 is hereby amended to read as follows:
83-146. An invoice shall be submitted to the purchaser showing the
quantity of liquefied petroleum gas sold, expressed in pounds, or
gallons, or cubic feet, or other units approved by the
state sealer of weights and measuressecretary
of agriculture. When vapor meters reading in approved units
other than cubic feet are used, the invoice shall clearly indicate
to the purchaser a factor to convert to cubic feet or gallons.

When liquidliquefied petroleum gas is
sold at retail by liquid volume from a delivery vehicle, a ticket
issued by a liquid meter shall be used to show the quantity
delivered in gallons; and the printed ticket shall clearly indicate
to the purchaser the gallons of liquefied petroleum gas sold and
delivered.

Sec. 8. K.S.A. 83-149 is hereby amended to read as follows:
83-149. Any person who violates any of the provisions of
this act or any of the provisions of the act of which this
act is amendatory or fails to comply with its requirementsarticle 1 of chapter 83 of the Kansas Statutes An- notated, and
amendments thereto, or any of the rules and regulations issued
hereunder, shall be deemed guilty of a class A, nonperson
mis- demeanor and upon conviction shall be fined in a sum
of not more than five hundred dollars ($500).

Sec. 9. K.S.A. 83-154 is hereby amended to read as follows:
83-154. Every person who, with intent to defraud, shall falsely
make or alter or cause or procure to be falsely made or altered any
scale ticket or other written record evidencing or relating to the
weight of any personal prop- erty or who shall, with intent to
defraud, falsely make or alter or cause or procure to be falsely
made or altered any entry or item on any such scale ticket or
written record shall, upon conviction thereof,
shall be adjudgeddeemed guilty of a
class A, nonperson misdemeanor and upon conviction
thereof shall be subject to the penalties described by K.S.A.
21-112.

Sec. 10. K.S.A. 83-155 is hereby amended to read as follows:
83-155. It shall be unlawful for any person who shall for hire
weigh any vehicle at aan attended public
scale to issue any scale ticket or other written record evidencing
or relating to the weight of such vehicle or the load thereon
unless such scale ticket or written record shall show the
following: (a) The date and time of the weighing; (b) the place of
the weighing; and (c) the signature of the weigher. Any person
violating any of the provisions of this section shall be guilty of
a class A, nonperson misdemeanor and upon conviction
thereof shall be subject to the penalties prescribed by K.S.A.
21-112.

Sec. 11. K.S.A. 1995 Supp. 83-201 is hereby amended to read as
follows: 83-201. As used in this actarticle 2
of chapter 83 of the Kansas Statutes Annotated and section 1, and
amendments thereto:

(a) ``Weights and measures'' means all commercial weights
andor measures of every kind, instruments
and devices for weighing and meas- uring, and any appliance and
accessories associated with any or all such instruments and devices
and any point-of-sale system.

(b) ``Weight'' as used in connection with any commodity means
net weight, except if the label declares that the product is sold
by drained weight, the term means net drained weight.

(c) ``Correct'' as used in connection with weights and measures
means conformance to all applicable requirements of this
acttolerances, speci- fications and requirements as
established by the secretary and those es- tablished within article
2 of chapter 83 of Kansas Statutes Annotated, and amendments
thereto or any rules and regulations adopted thereunder.

(d) ``Primary standards'' means the physical standards of the
state which serve as the legal reference from which all other
standards and weights and measures are derived.

(e) ``Secondary standards'' means the physical standards which
are traceable to the primary standards through comparisons, using
acceptable laboratory procedures, and used in the enforcement of
weights and meas- ures laws and rules and regulations.

(g) ``Sale from bulk'' means the sale of commodities when the
quan- tity is determined at the time of sale.

(h) ``Package'' means any commodity put up or packaged in any
man- ner in advance of sale in units suitable for either wholesale
or retail sale.

(i) ``Drained weight'' means the weight of the solid or
semisolid prod- uct representing the contents of a package or
container obtained after a prescribed method for excluding the
liquid has been employed.

(j) ``Secretary'' means the secretary of the state board
of agriculture or the secretary's authorized
representative.

(k) ``Measuring device'' includes all weights, scales, beams,
measures of every kind, instruments and mechanical devices for
weighing or meas- uring, and any appliances and accessories
connected with any or all such instruments.

(l) ``Point-of-sale system'' means any combination of a cash
register or other devices, or system, such as a scanner, capable of
recovering stored information related to the price or computing the
price of any individual item which is sold or offered for sale at
retail. A point-of-sale system may also include or be attached or
connected to a weighing or measuring device.

(m) ``Scanner'' means any electronic system that employs a
laser-bar code reader to retrieve product identity, price or other
information stored in a computer memory.

(n) ``Service company'' means a company which is in the
business of examining, calibrating, testing, repairing and
adjusting weighing and measuring devices but such term does not
include a technical represen- tative unless the technical
representative is the owner of such service company.

(o) ``Technical representative'' means an individual who
installs, re- pairs, adjusts or calibrates the weighing and
measuring devices and cer- tifies the accuracy of the weighing and
measuring devices.

(1) The system of weights and measures in customary use in the
United States and the metric system of weights and measures are
jointly recognized, and either one or both of these systems shall
be used for all commercial purposes in the state.

(2) The definitions of basic units of weight and
measure, the tables of weight and measure and weights and measures
equivalents as pub- lished on January 1, 1991, by the national
institute of standards and tech- nology are recognized and shall
govern weighing and measuring equip- ment and transactions in the
state.

(b) A dispensing device used to dispense compressed
natural gas for use as a motor vehicle fuel may display the
measurement of natural gas in gallon equivalent units or fractions
thereof, and may compute the sales price in such units or fractions
thereof, so long as the volume of natural gas measured as a gallon
equivalent unit contains not less than 120 cubic feet. If such
dispensing device is used, such device shall be the exclusive
display and sales price measurement and shall not be subject to
further requirements by any state agency.The following
standards and require- ments shall apply to commercial weighing and
measuring devices:

(A) ``The standards of the national conference on weights and
meas- ures'' published in the national institute of standards and
technology handbook 44 entitled specifications, tolerances, and
other technical requirements for weighing and measuring devices as
published on Octo- ber, 1994 or later versions as established in
rules and regulations adopted by the secretary;

(B) ``the uniform laws and regulations of the national
conference on weights and measures'' published in the national
institute of standards and technology handbook 130 regarding
packaging and labeling, the method of sale of commodities, national
type evaluation regulation, motor fuel inspection and motor fuel
regulation, as published on December, 1994 or later versions as
established in rules and regulations adopted by the
secretary;

(C) ``checking the net contents of packaged goods'' published
in the national institute of standards and technology handbook 133,
third edi- tion, as published on September, 1988 or later versions
as established in rules and regulations adopted by the
secretary;

(D) ``checking the net contents of packaged goods'' published
in the national institute of standards and technology handbook 133,
third edi- tion, supplement 4, as published on October, 1994 or
later versions as established in rules and regulations adopted by
the secretary; and

(E) any other handbooks or sections thereof as adopted by the
sec- retary by rules and regulations.

(b) Whenever there exists an inconsistency between the
provisions of chapter 83 of the Kansas Statutes Annotated, and
amendments thereto, and any of the handbooks adopted by reference,
the requirements of chap- ter 83 of the Kansas Statutes Annotated,
and amendments thereto, shall control.

Sec./007006/K.S.A. 83-205 is hereby amended to read as follows:
83-205. (a) There is hereby established in the state
boarddepartment of agricul- ture a weights and
measures inspection program to enforce the provisions of
this actchapter 83 of the Kansas Statutes
Annotated, and amendments thereto or any rules and regulations
adopted thereunder. The program shall be under the supervision
of the secretary, and the secretary shall employ a state
sealeran administrator of the program and appoint
such personnel as may be necessary for the proper administration of
this actchapter 83 of the Kansas Statutes
Annotated, and amendments thereto. The administrator shall
be in the unclassified service of the Kansas civil service
act.

(b) The weights and measures inspection program shall perform
the following functions:

(1) Assure that weights and measures in commercial service
within the state are suitable for their intended use, properly
installed, accurate and are so maintained by their owner or
user;

(2) prevent unfair or deceptive dealing by weight or measure in
any commodity or service advertised, packaged, sold or purchased
within this state;

(3) make available to all users of physical standards or
weighing and measuring equipment the precision calibration and
related metrological certification capabilities of the weights and
measures facilities of the state boarddepartment of agriculture;

(4) promote uniformity, to the extent such conformance is
practicable and desirable, between weights and measures
requirements of this state and those of other states and federal
agencies;

(5) encourage desirable economic growth while protecting the
con- sumer through the adoption by rule and regulation of weights
and meas- ures requirements as necessary to assure equity among
buyers and sellers; and

(6) such other functions as may be specified by law or deemed
nec- essary by the secretary to carry out the duties and functions
of chapter 83 of the Kansas Statutes Annotated, and amendments
thereto or any rules and regulations adopted thereunder.

Sec./007006/K.S.A. 1995 Supp. 83-206 is hereby amended to read
as follows: 83-206. In the administration of the weights and
measures in- spection program, the secretary shall:

(a) Administer and enforce the provisions of this
actchapter 83 of the Kansas Statutes Annotated, and
amendments thereto or any rules and regulations adopted
thereunder.

(b) Conduct investigations to ensure compliance with
this actchapter 83 of the Kansas Statutes
Annotated, and amendments thereto or any rules and regulations
adopted thereunder.

(c) Delegate to appropriate personnelindividuals or private or public entities any of these
responsibilities for the proper administration of this
actchapter 83 of the Kansas Statutes Annotated, and
amendments thereto or any rules and regulations adopted
thereunder.

(d) Test annually the standards of weight and measure used by
any city or county within the state, and approve the same when
found to be correct.

(e) Inspect and test weights and measures kept, offered or
exposed for sale.

(f) Inspect and test, to ascertain if they are correct, weights
and meas- ures and point-of-sale systems commercially used: (1) In
determining the weight, measure or count of commodities or things
sold, or offered or exposed for sale, on the basis of weight,
measure or count; (2) in com- puting the basic charge or payment
for services rendered on the basis of weight, measure or count; or
(3) in recovering stored information related to the price of any
item or commodity which is sold or offered for sale at retail.

(g) Approve for use, and may mark, such weights and measures and
point-of-sale systems as the secretary finds to be correct, and
reject and mark as rejected such weights and measures and
point-of-sale systems as the secretary finds to be incorrect.
Weights and measures and point-of- sale systems that have been
rejected may be seized if not corrected within the time specified
by the secretary or if used or disposed of in a manner not
specifically authorized. The secretary shall reject and may seize
the weights and measures and point-of-sale systems found to be
incorrect that are not capable of being made correct.

(h) Weigh, measure or inspect packaged commodities kept, offered
or exposed for sale, sold, or in the process of delivery, to
determine whether they contain the amounts represented and whether
they are kept, offered or exposed for sale in accordance with
this actchapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or rules and regulations
promulgated pursuant thereto. In carrying out the provisions of
this section, the secretary shall employ recognized sampling
procedures as adopted by rules and regulations by
incorporating applicable proce- dures designated in the national
institute of standards and technology handbooks.

(i) Allow reasonable variations from the stated quantity of
contents, which shall include those caused by loss or gain of
moisture during the course of good distribution practice.

(j) Perform such other duties as may be necessary to carry out
the provisions of this actchapter 83 of the
Kansas Statutes Annotated, and amendments thereto or any rules and
regulations adopted thereunder, or as may be otherwise
authorized by law.

(k) Be authorized to enter into such contracts and agreements
with individuals or private or public entities as may be necessary,
in the judg- ment of the secretary, to fulfill the duties and
responsibilities established in chapter 83 of the Kansas Statutes
Annotated, and amendments thereto or any rules and regulations
adopted thereunder. Any contract entered into by the secretary
pursuant to this section shall not be subject to K.S.A. 75-3739, or
amendments thereto.

Sec./007006/K.S.A. 1995 Supp. 83-207 is hereby amended to read
as follows: 83-207. The state boardsecretary of agriculture may adopt rules and regulations
necessary for the administration and enforcement of the provisions
of article 2 of chapter 83 of the Kansas Statutes
Annotated, and amendments thereto. As a part of such rules and
regulations, the state boardsecretary of
agriculture shall adopt standards setting forth specifications,
tolerances and other technical requirements for all weights,
measures and weighing and measuring devices, and point-of-sale
systems. These specifications, tolerances and other technical
requirements shall conform, insofar as practicable, to the
specifications, tolerances and other technical requirements for
weights, measures and weighing and meas- uring devices established
by the national institute of standards and tech- nology. The
state boardsecretary of agriculture shall
prescribe by rule and regulationrules and
regulations the appropriate term or unit of weight or measure
to be used whenever the secretary determines in the case of a
specific commodity that an existing practice of declaring the
quantity by weight, measure, numerical count, or combination
thereof, does not facilitate value comparisons by consumers, or
that such practice offers an opportunity for consumer
confusion.

Sec./007006/K.S.A. 83-208 is hereby amended to read as follows:
83-208. The secretary, or an inspector of weights and
measures authorized byrepresentative
of the secretary, may enter any premises or vehicle in or on
which any weights, measures, balances or measuring devices may be
located or used for the purposes of trade, for the purpose of
inspecting, testing and sealing or rejecting the same. Whoever
hinders, obstructs, or in any way interferes with the secretary or
an inspector of weights and measures authorized
byrepresentative of the secretary, while
in the per- formance of the inspection, or whoever fails to
produce, upon demand by such secretary or authorized
inspectorrepresentative, all weights,
measures, balances or measuring devices in or upon the premises or
ve- hicle of such person or in the possession of such person for
use in man- ufacture or trade, shall be deemed guilty of a class
A, nonperson misde- meanor.

Sec./007006/K.S.A. 83-209 is hereby amended to read as follows:
83-209. (a) If the secretary finds that any package or amount of
any commodity is held, offered or exposed for sale in violation of
law, the secretary may order them off-sale and may mark or tag them
to show they are illegal.

(b) Whenever the secretary finds that any violation of
this actchapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or any rule and
regulationrules and regulations adopted under it
has occurred, the secretary may issue a stop-use order,
stop-sale order, stop-removal order andor removal order or any combination of such orders
with respect to weights and measures being, or capable of being,
commercially used. The secretary may issue stop-sale orders,
stop-removal orders or removal or- ders, or any combination of such
orders, with respect to any package or amount of any commodity
held, offered or exposed for sale, sold or being delivered if the
secretary deems it necessary for the protection of the public.

(c) No person may sell, use, remove, otherwise dispose of, or
fail to remove from the premises specified, any weight, measure or
package or any amount of any commodity contrary to the terms of any
order issued under this section.

(d) This section does not limit the right of the secretary to
proceed as authorized by other sections of this
actchapter 83 of the Kansas Stat- utes Annotated, and
amendments thereto or any rules and regulations adopted
thereunder.

Sec./007006/K.S.A. 83-210 is hereby amended to read as follows:
83-210. (a) Any county or city in the state may establish a
department of public inspection of weights and measures, appoint
inspectors of weights and measures and fix their compensation and
pass such ordinances relating to weights and measures not in
conflict with the state laws as may be deemed necessary. If a
county or city establishes such a department it shall provide the
department with suitable quarters, a set of secondary standards and
all other equipment for the proper performance of duties. All
county and city standards shall be tried, proved and sealed under
the direction of the secretary, and shall be returned to the
secretary for ver- ification at least once in every year.

(b) Any weights and measures official appointed for a county or
city shall have the duties enumerated in subsections (e) to (h),
inclusive, of K.S.A. 1985 Supp. 83-206, and
amendments thereto, and the powers enu- merated in K.S.A.
1985 Supp. 83-208 and 83-209, and amendments
thereto. These powers and duties shall extend to their
respective juris- dictions, except that the jurisdiction of a
county official shall not extend to any city for which a weights
and measures official has been appointed. Weights and measures
officials appointed for a county or city shall exer- cise such
additional powers as may be granted by the governing body of such
county or city, but such additional powers shall not be less than
the powers granted to state inspectors of weights and measures
under this actchapter 83 of the Kansas
Statutes Annotated, and amendments thereto, and shall not be in
conflict with powers granted to the secretary under this
actchapter 83 of the Kansas Statutes Annotated, and
amendments thereto.

(c) All departments of public inspection of weights and measures
es- tablished by cities or counties prior to the effective
date of this actJuly 1, 1985, are hereby
specifically continued in existence.

Sec. 19. K.S.A. 83-212 is hereby amended to read as follows:
83-212. All bulk sales in which the buyer and seller are not both
present to witness the measurement, all bulk deliveries of heating
fuel and all other bulk sales specified by rule and
regulation of the state boardrules and regu- lations
of the secretary of agriculture, shall be accompanied by a
delivery ticket containing the following information:

(a) The names and addresses of the buyer and seller;

(b) the date of delivery of the product or commodity;

(c) the quantity delivered and the quantity upon which the price
is based, if this differs from the delivered quantity;

(d) the identity of the commodity or product being sold in the
most descriptive terms commercially practicable, including any
quality repre- sentation made in connection with the sale;
and

(e) the count of individually wrapped packages, if more than
one.; and

(f) the unit price, unless otherwise agreed on by both the
buyer and seller.

Sec. 20. K.S.A. 83-213 is hereby amended to read as follows:
83-213. (a) Except as otherwise provided in this
actchapter 83 of the Kansas Statutes Annotated, and
amendments thereto, or by rules and regulations adopted
pursuant thereto, any package kept for the purpose of sale or
offered or exposed for sale shall bear on the outside of the
package a definite, plain and conspicuous declaration of:

(1) The identity of the commodity in the package, unless the
same can easily be identified through the wrapper or container;

(2) the quantity of contents in terms of weight, measure or
count; and

(3) the name and place of business of the manufacturer, packer
or distributor, in the case of any package kept, offered or exposed
for sale, or sold in any place other than on the premises where
packed.

(b) The state boardsecretary of
agriculture may adopt rules and reg- ulations which establish
reasonable variations or tolerances, prescribe the size of printing
of the labeling required and prescribe exemptions of small
packages.

Sec. 21. K.S.A. 1995 Supp. 83-214 is hereby amended to read as
follows: 83-214. (a) The secretary may try and prove weights,
measures, balances and other measuring devices on request for any
person, corpo- ration or institution, and when the same are found
or made to conform to the state standards, and otherwise fulfill
such reasonable requirements as the secretary may make, the
secretary, or an authorized representative of the secretary, may
seal the same with a seal which is kept for that purpose.

(b) Except as otherwise provided by statute, the secretary, or
the authorized representative of the secretary, may charge for
services pro- vided by the agencydepartment
and other necessary and incidental ex- penses or both incurred
in conjunction with the testing and proving of weights, measures
and other devices as provided in subsection (a) at
a rate per hour or fraction thereof and other necessary and
incidental ex- penses which isare
fixed by rules and regulations adopted by the state
boardsecretary of agriculture, except that (1)
except as otherwise pro- vided for the head house scale
program during the period from July 1, 1994, through June 30, 1995,
such charge for servicesthe charges for services
provided by the metrology lab shall not exceed $50 per hour or
fraction thereof, and (2) in the case of the head house scale
program during the period from July 1, 1994, through June
30, 1995, such ratesuch charges shall not exceed
$100 per hour or fraction thereof with a minimum service
time of three hours per call. In addition to these charges, where
the state board of agriculture does not regularly maintain an
inspection station under the weights and measures
program,. The sec- retary may charge for
subsistence and transportation of personnel and equipment to such
point and return. Such charges shall be set by rules and
regulations adopted by the state boardsecretary of agriculture. The secretary may fix the manner
in which any charges made pursuant to this subsection are
collected.

(c) The secretary shall remit all moneys received under
subsection (b) to the state treasurer at least monthly. Upon
receipt of any such re- mittance, the state treasurer shall deposit
the entire amount thereof in the state treasury and the same shall
be credited to the weights and meas- ures fee fund which is hereby
created. All expenditures from the weights and measures fee fund
shall be made in accordance with appropriation acts upon warrants
of the director of accounts and reports issued pursuant to vouchers
approved by the secretary or by a person designated by the
secretary.

(d) Except as provided in K.S.A. 83-301 through 83-311, and
amend- ments thereto, nothing in article 2 of chapter 83 of the
Kansas Statutes Annotated, and amendments thereto, shall prohibit
the owner of a weigh- ing or measuring device or the owner's
employee or agent from servicing or repairing such device. However,
if such device is found out of tolerance and is rejected by the
department of agriculture, the owner is responsible for repairing
the device within the time specified on the rejection tag and
notifying the department when the device is repaired and in
operation. The owner shall pay a fee commensurate with the expense
incurred by the secretary in performing the follow-up inspections
or tests.

Sec. 22. K.S.A. 83-215 is hereby amended to read as follows:
83-215. (a) The secretary and authorized representatives
and inspectors of the secretary areis hereby
authorized and empowered to reject any weighing or measuring device
which is found not to conform to state standards or which is found
not to weigh or measure within authorized tolerances.

(b) Service companies or any agent or employee thereof, shall
be pro- hibited from condemning or taking a weighing or measuring
device out of service.

(b)(c) Any weighing or measuring device
that has been rejected un- der authority of the secretary,
or an authorized representative of the sec- retary, shall
remain subject to the control of the secretary until such time as
suitable and acceptable repair has been made of the same, or an au-
thorized disposition of the same has been approved. A
thirty-dayAn au- thorized repair period of use
not longer than 30 days for purposes of obtaining a repair
of the weighing or measuring device by the owner, or a reasonable
extension of that period, may be given by the secretary or
the authorized representative or inspector of the
secretary when it is determined that the immediate
cessation of use of such weighing or meas- uring device will work
an undue hardship on the owner thereofperson
using such device or the patrons of the ownersuch person. The owner of such rejected weighing or
measuring device shall cause the same to be repaired and corrected
to weigh or measure within authorized tolerances within 30 days
after being rejected, or within such extension as may be
authorized, or in lieu thereof, the owner of the same may dispose
of or destroy such weighing or measuring device or any rejected
weight or measure under specific authority from the secretary.

Sec. 23. K.S.A. 83-216 is hereby amended to read as follows:
83-216. (a) Any weight, measure or weighing or measuring device
which has been rejected by the secretary, or by an
authorized representative or inspector, and which has not
been repaired or restored to weigh or measure within approved
tolerances, during any authorized repair period, is hereby de-
clared to be a common nuisance and a contraband device. The
secretary, or any authorized representative, may
seal the beam or mechanism out of service on any weighing or
measuring device, or may take possession of any contraband weight
or measure. The secretary, or any authorized
representative, shall deliver to the owner or person found
in possession of any contraband weight, measure or weighing or
measuring device a statement giving the location and description of
the weight, measure or weighing or measuring device so sealed or
taken.

(b) Any weighing or measuring device which has been sealed out
of service by the secretary, or by an authorized
representative, and which has not been repaired or
restored and made to weigh or measure within approved tolerances
within 90 days following the date of sealing, or an authorized
extension thereof, may be proceeded against by an action,
instituted in Shawnee county district
court,or in the county where such weighing
or measuring device is located, for an order for the
disposal of such device.

(c) Procedure in regard to the prevention of the maintenance of
a common nuisance and procedure for the disposal of any weighing or
measuring device may be had in accordance with and in the manner
provided for under K.S.A. 41-805 and 41-806, and amendments
to these sectionsthereto, and as otherwise
authorized by statute.

Sec. 24. K.S.A. 1995 Supp. 83-219 is hereby amended to read as
follows: 83-219. (a) It shall be unlawful for any
personowner of a com- mercial weighing or
measuring device:

(1) To offer or expose for sale, or to sell or otherwise dispose
of any weight, measure or weighing or measuring device that
is falsedoes not meet the tolerances and
specifications required by chapter 83 of the Kan- sas Statutes
Annotated, and amendments thereto, or which has been re- jected
except underwithout first obtaining the
written authorization of the secretary or an authorized
inspector;

(2) to use or possess a weight, measure or weighing or
measuring device that is falseused for or
intended to be used for commercial purposes which does not meet the
tolerance and specifications required by chapter 83 of the Kansas
Statutes Annotated, and amendments thereto, or that does not
conform to the authorized standard authorized
by the secretary for determining the quantity of any commodity
or article of merchandise, for the purpose of:

(A) Buying or selling any commodity or thing,article of merchandise;

(B) computation of any charge for services rendered on the basis
of weight or measure,;

(C) determining of weight or measure, either
when a charge is made for such determination or where no charge is
made for use of such weight, measure, weighing or measuring
device;

(3) except as allowed in K.S.A. 83-225, and amendments thereto,
to break or remove any tag, mark or seal placed on any weighing or
meas- uring device by the secretary, an authorized
representative of the secre- tary, an authorized inspector
or a county or city inspector of weights and measures, without
specific written authorization from the proper author- ity or to
use a weighing or measuring device after the lapse of 30
daysthe authorized period following the placing of
a rejection tag thereon by the secretary, or an authorized
representative of the secretary or any authorized
inspector, unless further extension of time for any repair
pur- poses is first obtained from the secretary;

(4) to sell, offer or expose for sale, less than the represented
quantity of any commodity, thing or service;

(5) to take or attempt to take more of the represented quantity
of any commodity, thing or service when the buyer furnishes the
weight, meas- ure or weighing or measuring device by which the
amount of any com- modity, thing or service is determined;

(6) to keep for the purpose of sale, or to offer or expose for
sale, or to sell any commodity in a manner contrary to the law or
contrary to any rule and regulation;

(7) to use in retail trade, except in preparation of packages of
mer- chandise put up in advance of sale, a weighing or measuring
device that is not so positioned that its indications may be
accurately read and the weighing or measuring operation observed
from somea reasonable cus- tomer position
that may reasonably be assumed by a customer;

(8) to violate any of the provisions of this
actchapter 83 of the Kansas Statutes Annotated, and
amendments thereto, or rules and regulations adopted
thereunder, for which a specific penalty is not provided;

(9) to sell or offer for sale, or use or possess for the purpose
of selling or using any device or instrument to be used or
calculated to falsify any weight or measure;

(10) to dispose of any rejected weight or measure in a manner
con- trary to law or rules and regulations;

(11) to expose for sale, offer for sale or sell any commodity in
package form, without it being so wrapped, or the container so
made, formed or filled, that it will not mislead the purchaser as
to the quantity of the contents of the package;

(12) to expose for sale, offer for sale or sell any commodity in
any container where the contents of the container fall below such
reasonable standard of fill as may have been prescribed for the
commodity in ques- tion by the secretary;

(13) to misrepresent the price of any commodity or service sold,
of- fered, exposed or advertised for sale by weight, measure or
count, nor represent the price in any manner calculated or tending
to mislead or in any way deceive any person;

(14) to misrepresent, or represent in a manner calculated or
tending to mislead or deceive an actual or prospective purchaser,
the price of an item offered, exposed or advertised for sale at
retail;

(15) to compute or attempt to compute at the time of sale of an
item, a value which is not a true extension of a price per unit
which is then advertised, posted or quoted;
and

(16) to charge or attempt to charge, at the time of the sale of
an item or commodity, a value which is more than the price which is
advertised, posted or quoted.;

(17) to alter a weight certificate, use or attempt to use any
such cer- tificate for any load or part of a load or for articles
or things other than for which the certificate is given, or, after
weighing and before the delivery of any articles or things so
weighted, alter or diminish the quantity thereof;

(18) to hinder or obstruct in any way the secretary or any of
the secretary's authorized agents in the performance of the
secretary's official duties under chapter 83 of the Kansas Statutes
Annotated, and amend- ments thereto or any rules and regulations
adopted thereunder;

(19) to fail to follow the standards and requirements
established in K.S.A. 83-202, and amendments thereto, or any rules
and regulations adopted thereunder;

(20) to fail to pay all fees and penalties as prescribed by
chapter 83 of the Kansas Statutes Annotated, and amendments
thereto, and the rules and regulations adopted thereunder;

(21) to fail to keep or make available for examination or
provide to the secretary all inspection reports, test reports and
any other service reports or other information on any device owned
or operated by the owner or any agent or employee of the owner and
other information necessary for the enforcement of chapter 83 of
the Kansas Statutes An- notated, and amendments thereto or any
rules and regulations adopted thereunder, and as required by the
secretary;

(22) to fail to have any commercial weight, measure or
weighing and measuring device tested as required by chapter 83 of
the Kansas Statutes Annotated, and amendments thereto or any rules
and regulations adopted thereunder;

(23) to sell or offer or expose for sale liquefied petroleum
gas in pack- ages or containers which do not bear a statement as to
tare and net weight as required by chapter 83 of the Kansas
Statutes Annotated, and amend- ments thereto or any rules and
regulations adopted thereunder, or pack- ages or containers which
bear a false statement as to weights;

(24) to sell, use, remove, or otherwise dispose of, or fail
to remove from the premises specified, any weighing or measuring
device or package or commodity contrary to the terms of any order
issued by the secretary; and

(25) to violate any order issued by the secretary pursuant to
chapter 83 of the Kansas Statutes Annotated, and amendments
thereto.

(b) It shall be unlawful for any service company or technical
repre- sentative to:

(1) Act as or represent such person's self to be a technical
represen- tative without having a valid license issued by the
department of agri- culture;

(2) certify a device as correct unless the device meets the
tolerances and specifications as required by chapter 83 of the
Kansas Statutes An- notated, and amendments thereto, or any rules
and regulations adopted thereunder;

(3) hinder or obstruct in any way the secretary in the
performance of the secretary's official duties under chapter 83 of
the Kansas Statutes Annotated, and amendments thereto or any rules
and regulations adopted thereunder;

(4) fail to follow the standards and requirements set forth
in K.S.A. 83-202, and amendments thereto, or any rules and
regulations adopted thereunder;

(5) fail to complete the testing or placing-in-service report
in its en- tirety and to report the accurate description of the
parts replaced, ad- justed, reconditioned or work
performed;

(6) file a false or fraudulent service company or technical
represen- tative application or reports to the secretary;

(7) fail to pay all fees and penalties as prescribed by
chapter 83 of the Kansas Statutes Annotated, and amendments
thereto, and the rules and regulations adopted thereunder;

(8) fail to keep or make available for examination in an
accessible and legible manner or provide to the secretary in a
legible manner all inspec- tion reports, test reports, and any
other service or report work informa- tion on any device which the
service company or an agent or employee performed work on and other
information necessary for the enforcement of chapter 83 of the
Kansas Statutes Annotated, and amendments thereto or any rules and
regulations adopted thereunder.

(b)(c) For the purpose of paragraph
(a)(4), the selling and delivery of a stated quantity of any
commodity shall be prima facie evidence of representations on the
part of the seller that the quantity sold and deliv- ered was the
quantity bought by the purchaser. For the purposes of par-
agraphs (a)(4) and (5), a slight variation from the stated weight,
measure or quantity, within authorized tolerances, is permissible
for individually packaged commodities if such variation is as often
over, as it is under, the correct weight, measure or quantity
stated.

(d) Violation of this section shall be deemed a deceptive act
and prac- tice as defined by K.S.A. 50-626, and amendments thereto.
Violations of the provisions of K.S.A. 83-219, and amendments
thereto, may be en- forced by the secretary under the
administrative provisions of chapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or by the attorney general or a
county or district attorney under the Kansas con- sumer protection
act.

Sec. 25. K.S.A. 83-220 is hereby amended to read as follows:
83-220. Any person violating any of the provisions of this
actarticle 2 of chapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or violating any
rule and regulation of the state board of agriculture
adopted under this actrules and regulations adopted
thereunder shall be guilty of a class A, a nonperson
misdemeanor.

Sec. 26. K.S.A. 83-221 is hereby amended to read as follows:
83-221. All inspections and tests to inspect, test and seal,
certify or reject any dispensing device or the capacity of any
vehicle tank used in the trans- portation of liquefied petroleum
gas, motor-vehicle fuels or liquid fuels shall be made in
compliance with the provisions of this actchapter 83 of the Kansas Statutes Annotated, and amendments
thereto, and the rules and regulations promulgated thereunder.
As used in this section, the term ``dispensing device''
shall have the meaning ascribed to such term in K.S.A. 83-401 and
amendments thereto.

Sec. 27. K.S.A. 83-222 is hereby amended to read as follows:
83-222. Except as otherwise provided in this actarticle 2 of chapter 83 of the Kansas Statutes Annotated, and
amendments thereto, all rules and regu- lations adopted under
the provisions of article 1 of chapter 83 of the Kansas Statutes
Annotated in existence immediately prior to the effective
date of this actJuly 1, 1985, shall continue to be
effective and shall be deemed to be the rules and regulations of
the state boardsecretary of agriculture
until revised, amended, repealed or nullified pursuant to law.

Sec. 28. K.S.A. 83-225 is hereby amended to read as follows:
83-225. (a) A licensed scale testing and service
company shall be authorized to remove an official rejection tag or
other mark placed on a scale by au- thority of the state
sealersecretary for the purpose of testing or
repairing any scale.

(b) After the test is conducted and necessary repairs are
completed, the service company shall place the weighing and
measuring device in service and shall notify the secretary of such
within the time periods established by the secretary pursuant to
rules and regulations adopted hereunder.

(b)(c) When a scale cannot be repaired
properly, the scale testing and service company
shall replace the rejection tag or other mark with a substitute
rejection tag or other mark supplied by the state
sealerde- partment and shall notify the secretary
within the time period as estab- lished by the secretary pursuant
to rules and regulations adopted hereun- [chder.

(c)(d) This section shall apply to new
and used scales.

(d)(e) This section shall be
supplemental to and part of the act ap- pearing in article 2 of
chapter 83 of Kansas Statutes Annotated. Admin- istrative or
civil penalties specified in K.S.A. 1987 Supp.
83-220, and amendments thereto, shall apply to violations of
this section.

Sec. 29. K.S.A. 1995 Supp. 83-301 is hereby amended to read as
follows: 83-301. As used in K.S.A. 83-301 to 83-311,
inclusivethrough 83-325, and amendments
thereto:

(b) ``person'' means any individual, agent or employee of a
service company, partnership, association, corporation or
governmental agency;

(c) ``State sealer'' means the state sealer of weights
and measures;

(d)(c) ``place of business'' means any
location from which a scale testing and service company, or one or
more representatives or employees thereof, sell and perform
services for the purpose of testing, repairing, adjusting or
calibrating scales;

(e)(d) ``technical representative''
means an individual who is em- ployed by a scale testing
and service company and who is responsible for the proper repair,
adjustment or calibration of scales by the scale testing and
service company at a place of business.installs,
repairs, adjusts or calibrates weighing and measuring devices and
certifies the accuracy of the weighing and measuring
device;

(e) ``secretary'' means the secretary of agriculture or an
authorized representative of the secretary;

(f) ``service company'' means a company which is in the
business of installing, examining, calibrating, testing, repairing,
adjusting weighing and measuring devices but such term does not
include a technical rep- resentative unless the technical
representative is the owner of such service company;

(g) ``vehicle tank meter'' means those meters mounted on
vehicle tanks used for the measurement and delivery of petroleum
products; and

(h) ``liquefied petroleum gas'' means commercial propane and
such commercial butane as is used for heating fuel.

Sec. 30. K.S.A. 1995 Supp. 83-302 is hereby amended to read as
follows: 83-302. (a) Each person, other than an authorized
representative of the state sealersecretary or an authorized representative of a city or
county department of public inspection of weights and measures
estab- lished pursuant to K.S.A. 83-210, and amendments thereto,
desiring to operate and perform testing and other services as a
scale testing and service company in Kansas shall
apply to the state sealersecretary for a
scale testing and service company license, on a
form to be supplied by the state sealersecretary, and shall obtain such license from the
state sealersecretary before operating and
performing testing or other services as a scale testing
and service company. Each scale testing
and service company shall obtain a license for each place
of business maintained in Kansas and shall pay a license
application fee of $50 and thereafter an annual license renewal
application fee of $50 for each place of business. Each
scale testing and service company license shall
expire on June 30 following issuance, shall be void unless
renewed prior to the expiration and shall not be
transferable.

(b) If any scale testing and service company
maintains any out-of- state places of business which the company
operates in serving Kansas patrons, the applicantservice company seeking to obtain or renew a li- cense under
this section shall list in the application such places of business
and the firm names under which the company operates at each such
place of business. If any out-of-state place of business is
established by a scale testing and service company
after being licensed under this section, the licensee shall supply
such information to the state sealersecretary before any work is performed in Kansas from such
out-of-state location. Each nonresident scale testing
and service company shall designate a resident agent upon
whom service of notice or process may be made to enforce the
provisions of K.S.A. 83-301 to 83-311, inclusivechapter 83 of the Kansas Statutes Annotated, and amendments
thereto, or any liabilities arising from operations thereunder.
Each nonresident scale testing and service company
which maintains no established place of business in Kan- sas shall
obtain a license under this section for each out-of-state place of
business and shall list on the application the firm name or names
for each place of business from which the scale testing
and service company in- tends to operate.

(c) Each scale testing and service company shall have
each of their technical representatives registered annually by the
state sealerEach technical representative shall be
licensed annually by the secretary. TheEach technical representative shall be required to attend
continuing ed- ucation seminars on an annual basis as required by
rules and regulations adopted by the secretary and to pass a
reasonable examination prescribed by the state sealer
before being registered. Each scale testing and service company
shall have at least one registered technical representative in its
employ at each licensed place of business.secretary
each year prior to being licensed. The department of agriculture
shall be authorized to charge a fee to the attendees of the
continuing education seminars spon- sored by the agency. The amount
charged shall be no more than is nec- essary to cover the expenses
incurred in providing the seminar. Each technical representative's
license shall expire on June 30 following the issuance of the
license and shall be void unless renewed prior to the ex-
piration.

(d) No scale testing and service company
license may be issued or renewed under this section until the
applicant's weights or measures, or both have been tested
for accuracy and sealed by the state sealersecre- tary. The state sealersecretary is authorized to accept a certification of the
accuracy of the applicant's weights or measures issued by the
national institute of standards and technology or by a weights and
measures lab- oratory certified by the national institute of
standards and technology in lieu of a test by the state
sealersecretary, if such certificate shows that
the weights or measures have been tested within the 12
calendar months nextlast 365 days preceding the
license application.

(e) The state sealersecretary shall
remit all moneys received under this section to the state treasurer
at least monthly. Upon receipt of any such remittance, the state
treasurer shall deposit the entire amount thereof in the state
treasury and the same shall be credited to the weights and measures
fee fund.

Sec. 31. K.S.A. 83-303 is hereby amended to read as follows:
83-303. (a) The state boardsecretary of
agriculture with the recommendation of the state
sealer may adopt, amend and revoke reasonable rules and
reg- ulations concerning:

(1) Standards of workmanship for scale testingtechnical representa- tives and service companies;

(2) requirements for contractual responsibilities and
fulfillment of agreements by scale testing and
service companies;

(3) maintenance and furnishing of reports and information
necessary for the state sealersecretary to
carry out the provisions of K.S.A. 1987 Supp. 83-301 to
83-311, inclusivechapter 83 of the Kansas Statutes An-
notated, and amendments thereto or any rules and regulations
adopted thereunder; and

(4) other matters necessary for the administration of the
provisions of K.S.A. 1987 Supp. 83-301 to 83-311,
inclusivechapter 83 of the Kansas Statutes Annotated,
and amendments thereto or any rules and regulations adopted
thereunder.

(b) For purposes of inspection, the state sealer or
authorized repre- sentatives of the state sealersecretary may enter upon private premises with
consent of the occupant.during normal business hours
so as to in- spect a weights and measures device or to inspect the
installation, or repair or service reports the owner of the device
or the service company is required to keep pursuant to chapter 83
of the Kansas Statutes Anno- tated, and amendments thereto, or
rules and regulations adopted there- under or to perform any other
lawful act as set out in chapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or rules and regu- lations
adopted thereunder.

Sec. 32. K.S.A. 1995 Supp. 83-304 is hereby amended to read as
follows: 83-304. (a) The owner or operator of a
scaleweighing and meas- uring device which
is used for the commercial weighing of commoditiescommercially shall have the scalesuch
weighing and measuring device tested and inspected at least
annually for accuracy. The test shall be con- ducted by either a
registeredlicensed technical
representative employed by a licensed scale testing
and service company or by an authorized rep- resentative
of any city or county which has established a department of public
inspection of weights and measures pursuant to K.S.A. 83-210, and
amendments thereto, or by the state sealer or an authorized
representa- tive of the state sealersecretary,
which inspects such scalesweighing and
measuring device in accordance with rules and regulations
adopted by the state sealersecretary. If
upon inspection by the state sealersecretary or an authorized representative of the
state sealersecretary, it is found that
the scaleweighing and measuring device has
not been tested and inspected for accuracy and approved within the
preceding 12 calendar months365 days, the
state sealersecretary or the authorized
represen- tative of the state sealersecretary shall take the scaleweighing
and meas- uring device out of service pursuant to the
provisions of K.S.A. 83-215, and amendments thereto. The test
weights or equipment used by the scale testing
and service company shall have been approved and sealed by
the state sealersecretary pursuant to
K.S.A. 83-214, and amendments thereto, within the 12
calendar months365 days preceding the date of the
test. Except at the option of the city or county which has an
estab- lished department of public inspection of weights and
measures, annual tests and inspections shall be at the expense of
the owner or operator of the scaleweighing and
measuring device. In any city or county which has a department
of public inspection which annually inspects such
scalesweighing and measuring device, the
test may be conducted by an au- thorized representative of the city
or county weights and measures de- partment. Farmers or ranchers
who own and operate scalesa weighing and
measuring device used in private treaty transactions are exempt
from the annual testing requirements.

(b) A scale testing and service company or the
city or county depart- ment of public inspection of weights and
measures or an authorized rep- resentative of the state
sealersecretary which conducts tests pursuant to
this section shall, at the time of testing and inspection, promptly
furnish to the owner or operator of the scaleweighing and measuring device a report showing the results
of the tests and inspection. Within 10 calendar days
thereafter, the scale testing and service company or the city or
county department of public inspection of weights and measures or
an authorized representative of the state sealer shall furnish a
copy of such report to the state sealer.The city or
county department of public inspection of weights and measures
reports shall also be sent to the secretary, as re- quired by rules
and regulations adopted by the secretary, however, no report shall
be furnished later than 10 days after the test or inspection of the
device has occurred.

(c) Subject to the provisions of K.S.A. 83-215, and amendments
thereto, the owner andor operator of a
scaleweighing and measuring device which
is found to be inaccurateout of the tolerances
or specifica- tions required by chapter 83 of the Kansas Statutes
Annotated, and amendments thereto or any rules and regulations
adopted thereunder, at the time of testing shall withdraw
immediately the scaleweighing and measuring
device from further use until the necessary corrections, ad-
justments or repairs are made and the scaleweighing and measuring device is determined to be accurate
by a scale testing and service company or the city
or county department of public inspection of weights and measures
or an authorized representative of the state
sealersecretary. ScalesWeighing and measuring devices which have been repaired or
serv- iced shall meet the tolerances and specifications
established in chapter 83 of the Kansas Statutes Annotated, and
amendments thereto, and those rules and regulations adopted by
the state sealersecretaryby rule
and regulationprior to being placed or returned to
service. The scale testing and service company
or the city or county department of public inspection of weights
and measures shall notify the state sealersecretary of any scalesweighing and
measuring devices which are found not to comply with such
tolerances and specifications.and are thus
inaccurate and cannot be ad- justed, repaired or serviced so as to
comply with the standards and tol- erances established in chapter
83 of the Kansas Statutes Annotated, and amendments thereto. Such
notification shall be as required by the secre- tary, pursuant to
rules and regulations, however, such notification shall be
furnished to the department no later than 10 days after the service
company or city or county department of public inspection of
weights and measures has found the weighing and measuring device to
be in noncom- pliance with the tolerance and specifications
required for such weighing and measuring device. A copy of the
report prepared by the scale testing and service
company or city or county department of public inspection of
weights and measures or an authorized representative of the
state sealerthe secretary showing the results of
the scaleweighing and meas- uring device
test and the work done to correct any deficiencies shall be filed
with the state sealersecretary by the
owner or operator of the scale within 10 days after the
test and inspection has been completedservice
company.

(d) Each service company shall be required to keep at such
company's corporate headquarters or at such company's resident
agent's office a copy of all reports regarding the installation,
repair, calibration and other work the service company or the
technical representatives employed by the service company performed
on the commercial weighing and measuring devices. Such reports
shall be legible and maintained in an accessible manner and for a
period of time as established by the secretary pursuant to rules
and regulations. The owner or operator of a weighing and meas-
uring device shall also be required to retain copies of all reports
regarding the installation, repair or adjustment or any of the
aforementioned done to the weighing and measuring device at the
site where the measuring and weighing device is used. Such reports
shall be legible and maintained in an accessible manner and for a
period of time as established by the secretary pursuant to rules
and regulations.

Sec. 33. K.S.A. 1995 Supp. 83-305 is hereby amended to read as
follows: 83-305. When the state sealersecretary has been notified by a licensed scale
testing and service company, by an authorized represen-
tative of the state sealersecretary or by
a city or county department of public inspection of weights and
measures established pursuant to K.S.A. 83-210, and amendments
thereto, that a scaleweighing and measuring
device does not comply with tolerances and specifications
adopted by the state sealersecretary, by
rule and regulation, then the state sealersec-
retary may test the scaleweighing and
measuring device for accuracy after repairs have been made.

Sec. 34. K.S.A. 83-307 is hereby amended to read as follows:
83-307. K.S.A. 1985 Supp. 83-301 to 83-311, inclusive,
doChapter 83 of the Kan- sas Statutes Annotated, and
amendments thereto, does not apply to a railway track scale
used exclusively for the weighing of commodities on railroad
vehicles.

Sec. 35. K.S.A. 1995 Supp. 83-308 is hereby amended to read as
follows: 83-308. (a) At any time after a hearing
in accordance with the provisions of the Kansas administrative
procedure act, the state sealersecretary
may revoke, suspend, decline to renew or decline to issue a
scale testing and service company license or
technical representative's license, when the scale
testing and service company or technical repre-
sentative:

(1)(a) Has refused to provide the
state sealersecretary with reason- ably
complete and accurate information regarding methods used, mate-
rials used or work performed as required by the secretary;
or

(2)(b) has failed to comply with any
provision or requirement of K.S.A. 83-301 to 83-311,
inclusivechapter 83 of the Kansas Statutes An-
notated, and amendments thereto or the Kansas weights
and measures laws or any rule and
regulationrules and regulations adopted
thereunder.;

(b) The state sealer shall suspend the license of any
scale testing and service company which does not have a registered
technical representa- tive at each licensed place of business as
required under subsection (c) of K.S.A. 83-302 and amendments
thereto. Suspension pursuant to this subsection shall not require a
hearing.

(c) has failed to perform work in a manner consistent with
the stan- dards set forth in chapter 83 of the Kansas Statutes
Annotated, and amendments thereto, or any rules and regulations
adopted thereunder; or

(d) has committed an unlawful act as established in K.S.A.
83-219, and amendments thereto.

Sec. 36. K.S.A. 83-311 is hereby amended to read as follows:
83-311. Any person violating or failing to comply with any of the
provisions of K.S.A. 1985 Supp. 83-301
tothrough 83-311,
inclusiveand K.S.A. 1995 Supp. 83-321 through 83-325,
and amendments thereto, or violating or failing to comply with
any authorized rule and regulationrules and
reg- ulations of the state sealersecretary adopted thereunder, shall be deemed guilty of a
class A nonperson misdemeanor. Each separate violation shall
be a separate misdemeanor.

Sec. 37. K.S.A. 1995 Supp. 83-321 is hereby amended to read as
follows: 83-321. (a) All of the powers, duties and functions of the
director of the Kansas state grain inspection department with
regard to the Kansas grain inspection laws pertaining to the actual
inspection of the scales and other weighing and measuring devices
specified in chapter 34 of Kansas Statutes Annotated, and
amendments thereto, are hereby transferred to and conferred and
imposed upon the secretary of the state board of
ag- riculture.

(b) The secretary of the state board of
agriculture shall be the suc- cessor in every way to the powers,
duties and functions of the director of the Kansas state grain
inspection department with regard to the Kansas grain inspection
laws pertaining to the actual inspection of the scales and other
weighing and measuring devices specified in chapter 34 of Kansas
Statutes Annotated, and amendments thereto, and shall be deemed the
orders and directives of the secretary of the state board
of agriculture until revised, amended or nullified
pursuant to law.

(c) The secretary of the state board of
agriculture shall succeed to whatever right, title or interest the
director of the Kansas state grain inspection department, with
regard to the Kansas grain inspection laws pertaining to the actual
inspection of the scales and other weighing and measuring devices
specified in chapter 34 of Kansas Statutes Annotated, and
amendments thereto, in which the same were vested prior to the
effective date of this act. Every act performed in the exercise of
such powers, duties and functions by or under the authority of the
secretary of the state board of agriculture shall
be deemed to have the same force and effect as if performed by the
director of the Kansas grain inspection department with regard to
the Kansas grain inspection laws pertaining to the actual
inspection of the scales and other weighing and measuring devices
specified in chapter 34 of Kansas Statutes Annotated, and amend-
ments thereto, in which such powers, duties and functions were
vested prior to the effective date of this order.

(d) Whenever the director of the Kansas grain inspection depart-
ment, or words of like effect, with regard to the Kansas grain
inspection laws pertaining to the actual inspection of the scales
and other weighing and measuring devices specified in chapter 34 of
Kansas Statutes Anno- tated, and amendments thereto, is referred to
or designated by a statute, contract or other document, such
reference or designation shall be deemed to apply to the secretary
of the state board of agriculture.

(e) All rules and regulations of the director of the Kansas
grain in- spection department with regard to the Kansas grain
inspection laws per- taining to the actual inspection of the scales
and other weighing and meas- uring devices specified in chapter 34
of Kansas Statutes Annotated, and amendments thereto, in existence
on the effective date of this act shall continue to be effective
and shall be deemed to be duly adopted rules and regulations of the
secretary of the state board of agriculture until
revised, amended, revoked or nullified pursuant to law.

(f) All orders and directives of the director of the Kansas
grain in- spection department with regard to the Kansas grain
inspection laws per- taining to the actual inspection of the scales
and other weighing and meas- uring devices specified in chapter 34
of Kansas Statutes Annotated, and amendments thereto, in existence
on the effective date of this act shall continue to be effective
and shall be deemed the orders and directives of the secretary of
the state board of agriculture until revised,
amended or nullified pursuant to law.

(g) The secretary of the state board of
agriculture shall succeed to whatever right, title or interest the
director of the Kansas grain inspection department, with regard to
the Kansas grain inspection laws pertaining to the actual
inspection of the scales and other weighing and measuring devices
specified in chapter 34 of Kansas Statutes Annotated, and amend-
ments thereto, has acquired in any real or personal property in
this state, and the secretary shall hold the same for and in the
name of the state of Kansas.

(h) On and after the effective date of this act, whenever any
statute, contract, deed or other document concerns the power or
authority of the director of the Kansas state grain inspection
department with regard to the Kansas grain inspection laws
pertaining to the actual inspection of the scales and other
weighing and measuring devices specified in chapter 34 of Kansas
Statutes Annotated, and amendments thereto, to acquire, hold or
dispose of real or personal property or any interest therein, the
sec- retary of the state board of agriculture
shall succeed to such power or authority.

Sec. 38. K.S.A. 1995 Supp. 83-322 is hereby amended to read as
follows: 83-322. On the effective date of this act, officers and
employees who immediately prior to such date, were engaged in the
performance of powers, duties or functions of the Kansas grain
inspection laws per- taining to the actual inspection of the scales
and other weighing and meas- uring devices specified in chapter 34
of Kansas Statutes Annotated, and amendments thereto, and who in
the opinion of the secretary of the state board of
agriculture, are necessary to perform the powers, duties and
functions of the Kansas grain inspection laws pertaining to the
actual inspection of the scales and other weighing and measuring
devices spec- ified in chapter 34 of Kansas Statutes Annotated, and
amendments thereto, shall be transferred to and shall become
officers and employees of the state boarddepartment of agriculture. Any such officer or employee
shall retain all retirement benefits and all rights of civil
service which had accrued to or vested in such officer or employee
prior to the effective date of this act. The service of each such
officer and employee so trans- ferred shall be deemed to have been
continuous.

Sec. 39. K.S.A. 1995 Supp. 83-323 is hereby amended to read as
follows: 83-323. (a) When any conflict arises as to the disposition
of any property, power, duty or function, or the unexpended balance
of any appropriation, as a result of any abolition, transfer,
attachment or change made by or under authority of this act, such
conflict shall be resolved by the governor whose decision shall be
final.

(b) The state boarddepartment of
agriculture shall succeed to all property rights and records which
were used for or pertain to the per- formance of the powers, duties
and functions transferred to the secretary of the state
board of agriculture. Any conflict as to the proper
disposition of property or records arising under this section and
resulting from the transfer, attachment or all or part of the
powers, duties and functions of the director of the Kansas state
grain inspection department shall be determined by the governor
whose decision shall be final.

Sec. 40. K.S.A. 1995 Supp. 83-324 is hereby amended to read as
follows: 83-324. (a) No suit, action or other proceeding, judicial
or ad- ministrative, lawfully commenced, or which could have been
commenced by or against the director of the Kansas state grain
inspection department with regard to the Kansas grain inspection
laws or by or against any officer of the state in such officer's
official capacity or in relation to the discharge of such officer's
official duties shall abate by reason of the transfers ef- fected
under the provisions of this act. The court may allow any such
suit, action or other proceeding to be maintained by or against the
secretary of the state board of agriculture or any
officer affected.

(b) No criminal action commenced or which could have been com-
menced by the state shall abate by the taking effect of this
act.

Sec. 41. K.S.A. 1995 Supp. 83-325 is hereby amended to read as
follows: 83-325. (a) On the effective date of this act, the balance
of all funds appropriated and reappropriated to the director of the
Kansas state grain inspection department, the actual inspection of
scales and other weighing and measuring devices with regard to the
Kansas grain inspec- tion laws is hereby transferred to the state
boarddepartment of agricul- ture and shall
be used only for the purpose for which the appropriation was
originally made.

(b) On the effective date of this act, the liability for all
accrued com- pensation or salaries of officers and employees who,
immediately prior to such date were engaged in the performance of
powers, duties or functions of any state agency or officer
transferred by this act, or which becomes a part of the state
boarddepartment of agriculture or the
powers, duties and functions of which are transferred to the
secretary of agriculture, shall be assumed and paid by the state
boarddepartment of agriculture.

New Sec. 42. If any part of this act are held to be invalid or
uncon- stitutional by any court, it shall be conclusively presumed
that the legis- lature would have enacted the remainder of this act
without such invalid or unconstitutional part or parts.